Legal Opinion
State v. Hagen
Court of Appeals of Minnesota
Decided December 28, 2004No. C0-02-1318PublishedCited by 19 opinions
1Opinion of the Court
OPINION
ROBERT H. SCHUMACHER, Judge.
The supreme court has remanded Charles Conrad Hagen’s appeal from his sentence for first-degree criminal sexual conduct following this court’s affirmance of the sentence after the first remand. See State v. Hagen, 679 N.W.2d 739 (Minn.App.2004), opinion vacated and remanded (Minn. July 20, 2004). We conclude the upward sentencing departure violates Ha-gen’s right to a jury trial under Blakely. We reverse and remand for resentencing consistent with Blakely.
FACTS
Hagen pleaded guilty in March 2002 to first-degree criminal sexual conduct committed against…
2Cases cited17 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Edwards v. ArizonaSupreme Court of the United States · 1981
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People v. IsaacksSupreme Court of Colorado · 2006
- State v. BarkerSupreme Court of Minnesota · 2005
- State v. DettmanSupreme Court of Minnesota · 2006
- State v. WardCourt of Appeals of Arizona · 2005
- State v. SenskeCourt of Appeals of Minnesota · 2005
14 more not listed; retrieve them via the Exa API.